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Losing a spouse, a parent, or a child because someone else was careless is a pain no family should carry alone. The grief hits first. Then the hospital bills arrive. Then the funeral costs. Then the realization that a paycheck your family depended on is never coming home again. If someone’s negligence killed your loved one in Seattle, King County, or anywhere in Washington State, you have the legal right to file a wrongful death claim and demand compensation from the person or company responsible.
The Washington Traffic Safety Commission (WTSC) reported 810 traffic deaths across Washington in 2023, a 51% increase from 528 in 2019. That number dropped to 731 in 2024, but it remains 36% above pre-pandemic levels. Behind every one of those numbers is a family left behind.
At Elsner Law Firm, our wrongful death attorneys in Seattle have fought for those families since 2007. We handle the investigation, the insurance companies, and the courtroom. You focus on your family. You pay nothing unless we win. Every consultation is free and confidential.
Call 206-447-1425 today for a free case review. Or schedule a free virtual appointment.
Whether your loved one died in a car crash on I-5, a truck accident near the Port of Seattle, a bus accident in Issaquah, a construction accident in Tukwila, a motorcycle crash on Aurora Avenue, or from medical malpractice at a hospital in Bellevue, our wrongful death law firm in Seattle, WA is ready to stand beside you. Daily commuters. Working parents. Retired grandparents who walked to the store every morning. Weekend riders. Young students just starting their lives. Every life cut short by negligence deserves accountability. Every surviving family deserves a wrongful death lawsuit lawyer who will fight for them.
Evidence disappears. Witnesses forget. Insurance adjusters move fast. Do not wait.
Why Families in Seattle Choose Elsner Law Firm
Choosing a wrongful death attorney is one of the hardest decisions your family will face during one of the worst times of your life. Here is why families across Washington State trust Elsner Law Firm with their wrongful death cases.
Serving Washington Families Since 2007. Attorney Justin Elsner founded this firm to fight for people harmed by the negligence of others. For nearly two decades, our team has handled wrongful death claims, personal injury lawsuits, and insurance disputes throughout Seattle, Brier, Pullman, Ellensburg, and communities across Washington State.
You Pay Nothing Unless We Win. We work on a contingency fee basis. No upfront costs. No hourly fees. No bills while your case is pending. We advance all investigation costs, expert witness fees, and court expenses. If we do not recover compensation for your family, you owe us nothing.
A Team That Communicates. Silence from your lawyer adds stress to an already painful situation. Our clients hear from us regularly. You will always know where your case stands, what the next step is, and what to expect.
Proven Results for Injury Victims. Our wrongful death attorneys have secured significant settlements and verdicts for families across King County, Snohomish County, Pierce County, and throughout Washington State.
5-Star Client Reviews. Elsner Law Firm holds a 5.0 rating across 82+ client reviews. Families consistently praise our responsiveness, our transparency, and our willingness to fight when insurance companies refuse to offer fair compensation.
“I can’t thank Elsner Law Firm enough for the way they handled my case. They took the time to study my case thoroughly and fought to deliver the justice I truly deserved. Trisha and Justin were outstanding throughout the entire process.” – Nithin D., Verified Client
Call 206-447-1425 for your free consultation.
What Is a Wrongful Death Claim in Washington State?
A wrongful death claim is a civil lawsuit filed when someone dies because of another party’s wrongful act, negligence, or failure to act. Under the Revised Code of Washington (RCW) 4.20.010, the deceased person’s personal representative can bring this legal action against the party responsible for the death and pursue compensation for the surviving family.
This is a civil case, not a criminal case. The two run on separate tracks. If a drunk driver kills someone on a Seattle highway, that driver may face DUI charges in criminal court. At the same time, the victim’s family can file a separate wrongful death civil lawsuit to recover compensation for funeral expenses, lost income, and emotional suffering. A criminal conviction is not required for the civil claim to succeed.
The legal standard in a civil wrongful death case is “preponderance of the evidence.” That means your attorney must show it is more likely than not that the defendant’s actions caused the death. This is a lower bar than the “beyond a reasonable doubt” standard used in criminal trials.
Washington wrongful death attorneys at Elsner Law Firm help families understand their legal rights under RCW 4.20.010 and RCW 4.20.020. We guide you through every step of the claim, from the initial investigation through settlement or trial.
Wrongful Death Claim vs. Survival Action in Washington
Can your family file both a wrongful death claim and a survival action? Yes. These are two different legal claims, and filing both may increase your total recovery.
A wrongful death claim compensates the surviving family for their own losses: lost financial support, loss of companionship, and emotional distress caused by the death.
A survival action compensates the deceased person’s estate for the pain and suffering the victim experienced before dying. Under RCW 4.20.046, if your loved one survived for any period after the injury, the estate may recover damages for that person’s physical pain, fear, anxiety, and emotional distress during that time.
The personal representative of the estate files both claims. Our Seattle wrongful death lawyers evaluate every case for both wrongful death and survival action damages to make sure no available compensation is missed.
Who Can File a Wrongful Death Lawsuit in Washington?
The personal representative of the deceased person’s estate is the only party authorized to file a wrongful death lawsuit in Washington State. This representative is often named in the deceased person’s will. If there is no will, the court appoints one, usually a close family member.
Under RCW 4.20.020, the damages recovered benefit certain surviving family members called “beneficiaries”:
- The deceased person’s spouse or state-registered domestic partner
- Children, including stepchildren
- Parents or siblings, if no surviving spouse, domestic partner, or children exist
Parents and siblings must show they lived in the United States and depended on the deceased for financial support.
Financial dependents who are not blood relatives may also have a claim. Unmarried long-term partners who shared finances or household expenses, or any person who can demonstrate financial dependence on the deceased, may have legal standing. This is fact-specific. A Washington wrongful death attorney should evaluate your situation.
Not all family members need to agree to file. The personal representative files on behalf of all eligible beneficiaries. How the recovered compensation is divided among beneficiaries depends on each person’s degree of loss, decided by a judge, a jury, a mediator, or by agreement among the family.
If you are unsure whether you qualify, call our Seattle wrongful death law firm at 206-447-1425 for a free case review.
Common Causes of Wrongful Death in Seattle and Washington State
Wrongful death can result from any situation where negligence, recklessness, or intentional misconduct causes a fatal injury. Data from the Washington Traffic Safety Commission shows that 731 people died in traffic crashes on Washington roads in 2024 alone. The U.S. Bureau of Labor Statistics recorded 97 fatal work injuries in Washington in 2023. The National Highway Traffic Safety Administration (NHTSA) reported over 40,900 motor vehicle deaths nationwide in 2023.
These are the most common causes of wrongful death claims our Seattle wrongful death attorneys handle.
Car Accidents and Truck Collisions
Motor vehicle crashes are the leading cause of wrongful death lawsuits in Washington. The WTSC found that impaired driving, speeding, distracted driving, and failure to wear seatbelts cause 75% of all traffic fatalities in the state each year. In 2023, 400 fatal crashes involved a drug- or alcohol-impaired driver. Distracted driving deaths jumped 36% that same year.
Fatal car accidents in the Seattle metro area often involve distracted drivers on I-5, speeders on SR-99, and impaired motorists on surface streets in Renton, Kent, Federal Way, and Tukwila. Truck accidents on I-90, Highway 2, and SR-167 cause fatal injuries at higher rates because of the size and weight of commercial vehicles. Wrongful death claims from truck collisions often involve multiple liable parties: the truck driver, the trucking company, the cargo loader, and the vehicle or parts manufacturer.
If a fatal car or truck accident took your loved one, learn more about how our Seattle car accident lawyers and truck accident attorneys can help.
Pedestrian Accidents
Can a family sue after a pedestrian is killed by a car? Yes. When a driver’s negligence kills a pedestrian, the surviving family can file a wrongful death claim.
The WTSC reported 157 pedestrian fatalities in Washington in 2023, the highest number on record. Negligent drivers who fail to yield at crosswalks, run stop signs, or drive distracted kill pedestrians on roads across King County, from downtown Seattle to Lynnwood, Redmond, and Kirkland.
Parents walking children to school. Elderly residents crossing the street to buy groceries. Workers on their lunch break. These deaths are preventable.
Our Seattle pedestrian accident lawyers fight for families who lost someone to a negligent driver.
Motorcycle and Bicycle Accidents
Are motorcycle and bicycle fatalities rising in Washington? Yes. The WTSC recorded 141 motorcyclist deaths in 2023, a record high. Preliminary 2024 data showed 113 motorcyclist fatalities, still well above historical averages.
Motorcyclists and cyclists absorb the full force of any impact. A driver who fails to check a blind spot, opens a car door into a bike lane, or turns left across oncoming motorcycle traffic can cause a fatal crash in seconds. Fatal motorcycle crashes occur frequently on Aurora Avenue, Lake City Way, Rainier Avenue, and Highway 99. Cycling fatalities on the Burke-Gilman Trail approaches, along Dexter Avenue, and on arterials through Capitol Hill and Ballard remain a serious concern.
Motorcycle crashes that result in death require wrongful death attorneys who also understand motorcycle injury claims in Washington State. Our motorcycle accident lawyers and bicycle accident attorneys fight for riders and their families.
Bus Accidents
Can you file a wrongful death claim after a fatal bus accident? Yes. But claims involving public transit often require additional legal steps.
Fatal bus crashes in Seattle and King County involve public transit vehicles operated by King County Metro, Sound Transit, and Community Transit, as well as school buses, charter buses, and private shuttle services. Claims against public transit agencies are claims against government entities, which means shorter filing deadlines and mandatory tort claim notices.
Experienced wrongful death attorneys for bus accidents in Issaquah, Bellevue, Redmond, and across the Eastside know how to manage these government claim requirements. If a bus driver’s negligence or a transit authority’s failure to maintain a safe vehicle caused a fatal crash, your family may have a wrongful death claim.
Our bus accident lawyers in Seattle handle fatal transit cases across Washington State.
Rideshare Accidents (Uber and Lyft)
Fatal Uber and Lyft accidents create complex insurance disputes. Multiple policies may apply depending on whether the rideshare driver was logged into the app, waiting for a ride request, en route to pick up a passenger, or carrying a passenger at the time of the fatal crash.
A wrongful death claim after a rideshare fatality may involve the driver’s personal auto insurance, Uber or Lyft’s commercial liability policy (up to $1 million in coverage during active trips), and potentially other liable parties such as a third-party driver or a vehicle manufacturer.
Our rideshare accident attorneys in Seattle understand Washington’s rideshare insurance rules and have fought insurance companies that try to deny coverage after fatal crashes.
Medical Malpractice
When a doctor, surgeon, nurse, anesthesiologist, or hospital fails to meet the accepted standard of care, and a patient dies as a result, the family can file a wrongful death claim for medical malpractice. Misdiagnosis, surgical errors, medication mistakes, anesthesia failures, delayed treatment, and hospital-acquired infections are among the most common causes.
Medical malpractice wrongful death claims in Washington require specific procedural steps, including a certificate of merit from a qualified medical expert. Families should contact a wrongful death attorney in Seattle as soon as they suspect medical negligence.
Workplace and Construction Accidents
Is workers’ compensation the only option after a workplace death? No. While workers’ comp covers some costs, a separate third-party wrongful death claim may provide much greater compensation.
The U.S. Bureau of Labor Statistics recorded 97 fatal work injuries in Washington in 2023. Falls, slips, and trips accounted for 22% of those fatalities. Transportation incidents and exposure to harmful substances were also leading causes.
Washington’s construction, transportation, and warehousing industries report the highest fatal injury rates. Falls from scaffolding, electrocution, struck-by incidents, trench collapses, and equipment failures kill construction workers on job sites in Seattle, Tukwila, Renton, Kent, Auburn, and across the Puget Sound region.
A third-party wrongful death claim can be filed against an equipment manufacturer, a general contractor, a subcontractor, a site owner, or an architect whose negligence contributed to the death, separate from any workers’ compensation claim.
Our workplace injury lawyers in Seattle help families pursue both workers’ comp benefits and third-party wrongful death claims.
Nursing Home Abuse and Neglect
Elderly residents in nursing homes and long-term care facilities depend on staff for medication, hygiene, mobility, and supervision. When a facility fails to provide adequate care, and a resident dies from untreated infections, fall injuries, malnutrition, dehydration, or medication errors, the family may have a wrongful death claim.
Families in Seattle, Bellevue, Tacoma, Everett, Olympia, and Bremerton have filed wrongful death claims against nursing homes and adult care facilities that put profit before patient safety.
Premises Liability
Property owners in Washington have a legal duty to maintain safe conditions for visitors. Deaths caused by slip and fall accidents, inadequate security, structural collapses, swimming pool drowning, or fire hazards on someone else’s property give rise to wrongful death lawsuits under premises liability law.
Our slip and fall lawyers investigate fatal premises liability cases across King County and Washington State.
Defective Products
When a consumer product, vehicle component, medical device, or piece of industrial equipment has a design defect, manufacturing defect, or inadequate warning label, and a person dies, the companies in the product’s supply chain share liability. Manufacturers, distributors, and retailers may all be held responsible under Washington product liability law.
Criminal Acts and Intentional Harm
A wrongful death claim can also arise from assault, domestic violence, a shooting, or other intentional acts. The victim’s family can file a civil wrongful death lawsuit separate from any criminal prosecution. The civil case uses a lower burden of proof (preponderance of evidence vs. beyond a reasonable doubt), so families can recover compensation even when criminal charges do not result in a conviction.
Who Can Be Held Liable for a Wrongful Death in Washington?
Identifying every responsible party is one of the most important steps in a wrongful death case. Missing a liable party means your family receives less compensation.
Depending on the circumstances, the following parties may share liability:
Individual wrongdoers: A negligent driver, a violent offender, or a property owner who ignored known hazards.
Employers: A trucking company that pressured a driver to violate hours-of-service limits. A construction company that failed to enforce safety protocols on a job site in Tukwila or Southcenter. An employer that hired an unqualified worker.
Corporations and manufacturers: A company that designed, built, or sold a defective product. An auto manufacturer with a faulty brake or airbag system. A pharmaceutical company that failed to warn about lethal side effects.
Medical providers: A hospital, physician, surgeon, nurse, pharmacist, or anesthesiologist whose error caused a patient’s death.
Government entities: The Seattle Department of Transportation or the Washington State Department of Transportation (WSDOT) for a poorly designed intersection. The Washington State Department of Corrections for negligent supervision of a parolee. A transit authority like King County Metro for a fatal bus accident.
Property owners: A landlord who ignored a fire hazard. A business with inadequate security. A daycare that failed to supervise children.
A wrongful death investigation often reveals multiple at-fault parties. Washington law allows families to pursue claims against all responsible parties. Our wrongful death attorneys in Seattle identify every liable party so your family receives full compensation.
Wrongful Death Claims Against Government Entities in Washington
Can you sue a government agency for wrongful death? Yes. But special rules apply, and the deadlines are shorter.
You must file a formal tort claim notice with the government entity before filing a lawsuit. For claims against Washington State agencies, you generally have 60 days to file with the Office of Risk Management. For claims against cities and counties, the deadline varies, but is often much shorter than the standard three-year statute of limitations.
Failing to file this notice on time can permanently bar your claim. Contact a Washington wrongful death attorney immediately if your loved one’s death involved any government entity.
- Poorly designed or maintained roads, intersections, and highway on-ramps
- Negligent supervision of offenders by the Washington State Department of Corrections
- Police use of excessive force in Seattle or any Washington jurisdiction
- Fatal accidents involving public transit buses, city-owned vehicles, or Sound Transit operations
- Unsafe conditions at public parks, schools, or government buildings
Bremerton wrongful death attorneys and wrongful death lawyers across Kitsap County often encounter government liability claims involving Navy-related facilities and municipal
infrastructure. Our Seattle wrongful death law firm handles claims against municipal, county, and state agencies throughout Washington.
Compensation in Washington Wrongful Death Cases
How much is a wrongful death case worth? The answer depends on the victim’s age, income, family relationships, the circumstances of the death, and the severity of your family’s losses.
Washington law provides for compensatory damages in wrongful death cases, divided into two categories: economic and non-economic.
Economic Damages
Economic damages cover measurable financial losses:
- Funeral and burial costs: Memorial services, cremation, burial, and related expenses.
- Medical bills before death: Hospital charges, emergency care, surgery, medications, and treatment received between the injury and death.
- Lost wages and future income: The income the deceased would have earned over their expected working life, including raises, promotions, benefits, and retirement contributions.
- Lost benefits: Health insurance, pension contributions, and other employment benefits.
- Loss of household services: The dollar value of childcare, home maintenance, cooking, cleaning, and daily tasks the deceased performed for the family.
Non-Economic Damages
Non-economic damages compensate for losses that cannot be measured with a receipt:
- Loss of consortium and companionship: The emotional void left by the deceased’s absence from daily family life.
- Loss of parental guidance: The care, mentorship, moral guidance, and training a deceased parent would have given their children.
- Emotional distress and mental anguish: The grief, anxiety, depression, and psychological suffering the surviving family endures.
- Loss of love and affection: The personal relationship between spouses or partners that is permanently gone.
Washington’s non-economic damages cap: Washington State law caps non-economic damages in wrongful death cases. The cap equals 43% of the average annual wage in Washington, multiplied by the victim’s remaining life expectancy at the time of death. The minimum life expectancy used in the formula is 15 years, regardless of the victim’s actual age. This cap directly affects your family’s total recovery. An experienced wrongful death attorney in seattle will calculate the exact cap for your case and build a damages strategy to pursue the maximum amount allowed.
A wrongful death settlement can give your children the financial stability their parent would have provided. It will not erase the loss, but it can give your family the resources to rebuild.
Are Punitive Damages Available in Washington Wrongful Death Cases?
No. Washington State does not allow punitive damages in most wrongful death cases. Recovery is limited to compensatory damages covering economic and non-economic losses. This is different from states like Texas or California that allow courts to impose additional penalties on defendants.
Because punitive damages are off the table in Washington, your wrongful death attorney must build the strongest possible case for compensatory damages to make sure your family receives fair compensation.
Survival Action Damages
In addition to wrongful death damages, the estate may recover survival action damages under RCW 4.20.046:
- Physical pain and suffering experienced before death
- Fear, anxiety, and emotional distress the victim endured after the injury
- Medical expenses incurred by the victim before death
Survival action damages belong to the estate. Our wrongful death lawyers in Seattle evaluate both wrongful death and survival action damages in every case to pursue the full value of your family’s claim.
What If the Deceased Was Partially at Fault?
Can your family still recover compensation if your loved one was partly to blame? Yes.
Washington follows a pure comparative negligence system. Damages are reduced by the deceased person’s percentage of fault, but the claim is not eliminated unless the deceased was 100% responsible.
Practical example: If a jury determines your loved one was 20% at fault for a crash and total damages equal $1,000,000, your family recovers $800,000 (reduced by 20%). Even at 80% fault, your family can still recover 20% of total damages.
Insurance companies use this rule aggressively. They will argue the victim was speeding, not wearing a seatbelt, jaywalking, distracted, or failed to follow traffic laws. Their goal is to shift blame to the deceased person and reduce what they pay your family.
A skilled Seattle wrongful death attorney anticipates these tactics. We gather dashcam footage, traffic camera recordings, accident reconstruction data, and eyewitness testimony to minimize any fault assigned to your loved one.
Do not assume your case is too weak. Contact our wrongful death attorneys in Seattle for a free evaluation at 206-447-1425.
How to Prove a Wrongful Death Claim in Washington
What evidence does a wrongful death claim require? You must prove that another party’s negligence or wrongful conduct caused your loved one’s death. Because the deceased cannot testify, the entire case depends on other evidence.
Most wrongful death cases are based on negligence. To prove negligence, your wrongful death attorney establishes four elements:
- Duty of care. The defendant owed your loved one a legal duty to act with reasonable care. Every driver on Seattle roads owes a duty of care to other drivers, passengers, pedestrians, and cyclists. Every doctor owes a duty of care to their patient. Every property owner owes a duty to lawful visitors.
- Breach of duty. The defendant failed to meet that duty. Running a red light. Texting while driving. Performing surgery on the wrong body part. Failing to maintain a safe workplace. Serving alcohol to a visibly intoxicated customer.
- Proximate cause. The breach directly and foreseeably caused the death. The death would not have occurred without the defendant’s negligent actions.
- Damages. Your family suffered real losses as a result: financial harm, emotional suffering, and loss of companionship.
Evidence in a wrongful death case includes:
- Police reports and accident reconstruction analysis
- Medical records documenting injuries and cause of death
- Eyewitness statements
- Surveillance footage, dashcam video, and traffic camera recordings
- Expert testimony from medical professionals, engineers, economists, and accident reconstruction specialists
- Employment records and tax returns proving lost income
- Photographs and physical evidence from the scene
Physical evidence degrades. Skid marks fade. Surveillance footage gets overwritten within days. Witnesses’ memories become less reliable with each passing week. The sooner you contact a wrongful death law firm in Seattle, the stronger your case will be.
Statute of Limitations for Wrongful Death in Washington State
How long do you have to file? Three years from the date of death. Miss this deadline, and the court will almost certainly dismiss your case. Your family’s right to compensation will be gone permanently.
Limited exceptions may change this timeline:
Discovery rule: If the cause of death was not immediately apparent (a slow-acting toxic exposure, a delayed malpractice discovery), the three-year clock may start from the date the family learned or reasonably should have learned the death resulted from wrongful conduct.
Claims involving minors: If a beneficiary is a minor child, the statute of limitations may be tolled (paused) until the child turns 18. The minor then has three years from their 18th birthday to file.
Claims against government entities: A tort claim notice must be filed with the agency well before the three-year lawsuit deadline. These notice deadlines can be as short as 60 days from the date of death.
Do not rely on exceptions. Contact a Washington wrongful death attorney as soon as possible to protect your family’s rights. Our Seattle wrongful death lawyers offer free case evaluations and can determine your specific deadline quickly.
How a Seattle Wrongful Death Attorney Helps Your Family
Handling a wrongful death case alone puts your family’s financial future at risk. Insurance companies have teams of adjusters and defense lawyers working to minimize what they pay. You need someone on your side with equal resources and greater motivation.
Here is what a wrongful death attorney at Elsner Law Firm does for you:
Investigates the death. We gather police reports, medical records, witness statements, and physical evidence. We hire accident reconstruction experts, medical specialists, and forensic analysts. We identify every party that shares liability.
Calculates full damages. We work with economists to calculate lost future income, lost household services, and the complete economic impact. We build the case for maximum non-economic damages within Washington’s statutory cap.
Handles insurance companies. Adjusters contact grieving families within days, hoping to settle fast and cheap. We take over all communication, reject lowball offers, and negotiate from a position of evidence and preparation.
Files all legal documents on time. Wrongful death lawsuits require precise filings, strict deadlines, and full compliance with court procedures. We manage every document and every deadline.
Takes your case to trial. Most wrongful death cases settle before trial. But if the insurance company refuses fair compensation, we are prepared to present your case before a judge and jury in King County Superior Court or any Washington State court.
Coordinates with workers’ compensation. If the death occurred in a workplace or construction accident, there may be both a workers’ comp claim and a separate third-party wrongful death claim. We coordinate both to make sure your family receives every dollar available.
Protects your verdict on appeal. If a trial produces a favorable result, the defendant may attempt to appeal. We defend your verdict through the appeal process. If the outcome at trial is unfavorable, we evaluate whether an appeal of our own is warranted.
Communicates clearly. We return calls. We answer emails. We explain everything in plain language. You will never be left wondering what is happening with your case.
Your family deserves to grieve without worrying about how to pay the mortgage or afford the funeral. A wrongful death attorney shoulders the legal burden so you can take care of yourself and the people who depend on you.
When to Contact a Wrongful Death Lawyer
Contact a wrongful death attorney as soon as possible. Here is why timing matters:
Evidence disappears. Skid marks fade in days. Surveillance video gets overwritten within 72 hours in most systems. Crash scene debris is cleared. Medical records become harder to obtain. The sooner an attorney starts the investigation, the stronger your evidence.
Witnesses forget. Eyewitnesses remember details most clearly in the first week. Every day that passes makes their testimony less reliable and more vulnerable to challenge.
Insurance companies move fast. Adjusters call within days of the death, asking for recorded statements, requesting medical authorizations, or offering quick settlements. These offers are almost always a fraction of what your family deserves. An attorney protects you from these tactics.
Filing deadlines run. The three-year statute of limitations does not pause for grief. Government entity claims require notice within weeks, not years.
You do not need all the details. You do not need to know who was at fault. You just need to make the call.
Call Elsner Law Firm at 206-447-1425. The consultation is free, confidential, and takes five minutes. We will listen, explain your legal options, and tell you honestly whether you have a case.
Meet Our Wrongful Death Attorney
Justin Elsner founded Elsner Law Firm in 2007, after graduating cum laude from Seattle University School of Law. He is a member of the Washington State Bar Association and admitted to practice in the U.S. District Court for the Western District of Washington. For nearly two decades, he has stood beside families who lost someone they loved because of another person’s negligence, fighting to ensure that loss is never met with silence.
Justin’s path to this work didn’t begin in a courtroom. It began in a hospital bed.
During high school, he was seriously injured in a car crash. His family was overwhelmed not just by the physical trauma, but by the insurance process that followed. They had no idea where to turn or how to protect themselves, until a personal injury attorney stepped in and leveled the playing field. That experience changed everything. It showed Justin what it means to have someone in your corner when the other side has unlimited resources and zero sympathy.
Wrongful death cases are the most consequential work Justin handles, and he approaches every one with that same understanding. Behind every file is a family that answered a phone call they can never un-answer. A spouse who set a table for someone who isn’t coming home. A parent. A child. Justin knows that no settlement restores what was taken. But he also knows that accountability matters, that financial stability matters, and that a family’s grief should never be weaponized against them by an insurance company looking to minimize a payout.
His wrongful death caseload covers fatalities caused by distracted drivers, drunk drivers, speeding and reckless driving, dangerous road conditions, commercial truck negligence, and other forms of preventable driver misconduct. He represents surviving spouses, children, parents, and other statutory beneficiaries throughout King County, Snohomish County, Pierce County, Whitman County, and Kittitas County.
If you lost a family member due to someone else’s negligence on a Washington road, you deserve an attorney who takes that personally, because Justin does.
Call 206-447-1425 or email: justin@elsnerlawfirm.com for a free, confidential consultation. There are no fees unless we win.
Frequently Asked Questions About Wrongful Death in Washington
How long does a wrongful death case take to resolve in Washington?
Most wrongful death cases take 12 to 24 months from the date an attorney begins the investigation to the date of settlement or verdict. Complex cases involving multiple defendants, government entities, or contested liability may take longer. Cases that settle through negotiation resolve faster than those that go to trial. Your wrongful death attorney in Seattle will give you a realistic timeline after reviewing the facts of your case.
How much does it cost to hire a wrongful death lawyer?
Nothing upfront. Our wrongful death law firm in Seattle works on a contingency fee basis. We advance all costs, including investigation, expert witnesses, court fees, and litigation expenses. You owe us nothing unless we recover compensation for your family. We provide a full written accounting of all fees and costs when the case concludes.
What should I do in the first 48 hours after a loved one’s wrongful death?
Preserve every document and piece of evidence you can. Save text messages, voicemails, and photos. Do not give a recorded statement to any insurance company. Do not sign any documents from an insurer. Write down the names of anyone who witnessed what happened. Then call a wrongful death attorney. These first actions can make or break your case.
Can I file a wrongful death claim if my loved one died in a car accident that was partly their fault?
Yes. Washington follows pure comparative negligence. Your compensation will be reduced by your loved one’s percentage of fault, but you can still recover damages. Even if your loved one was 70% at fault, your family can pursue the remaining 30%. Only 100% fault bars recovery completely.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family for their losses: lost income, lost companionship, and emotional distress. A survival action compensates the deceased person’s estate for the pain and suffering the victim experienced before death. Both claims can be filed together by the estate’s personal representative under Washington law.
Do I need a personal representative to file a wrongful death lawsuit?
Yes. Washington law requires that the personal representative of the deceased person’s estate file the wrongful death lawsuit. If no representative has been appointed, our attorneys can help you petition the court to appoint one, often a surviving spouse or adult child. This step is required before the lawsuit can proceed.
What happens if the person who caused my loved one’s death has no insurance?
You may still have options. Your loved one’s own uninsured or underinsured motorist (UIM) coverage may provide compensation in motor vehicle cases. Other liable parties, such as employers, property owners, or product manufacturers, may carry separate insurance policies. A wrongful death attorney in Washington State investigates all possible sources of recovery.
Can I file a wrongful death claim if my loved one was killed at work?
Yes, but the process depends on who caused the death. Workers’ compensation provides some benefits after a workplace fatality, but it does not allow you to sue the employer directly in most cases. However, if a third party caused or contributed to the death, such as a subcontractor, an equipment manufacturer, a site owner, or a trucking company, you can file a separate wrongful death lawsuit against that third party. This third-party claim is separate from workers’ comp and can include damages for pain and suffering, loss of companionship, and full lost wages that workers’ comp does not cover.
Wrongful Death Attorneys Serving Families Across Washington State
Elsner Law Firm represents families in wrongful death cases across every county in Washington State. From our offices in Seattle, Brier, Pullman, and Ellensburg, we serve clients throughout King County, Snohomish County, Kitsap County, Pierce County, Spokane County, Whitman County, Kittitas County, and every community in between.
We have represented families in Seattle, Bellevue, Tacoma, Everett, Olympia, Spokane, Kennewick, Bremerton, Renton, Kent, Federal Way, Tukwila, Auburn, Kirkland, Redmond, Lynnwood, Issaquah, Bothell, Shoreline, Burien, and smaller communities from the Puget Sound to the Palouse.
Whether you lost a loved one in a car accident on Aurora Avenue in North Seattle, a truck crash on I-90 near Issaquah, a pedestrian accident in Renton, a construction fall in the Southcenter industrial area, a bus accident in downtown Bellevue, a motorcycle crash near Lake Washington, or a nursing home death in Bremerton, our wrongful death lawyers stand ready to fight for your family.
Seattle Office: 2130 Westlake Ave N, #3, Seattle, WA 98109 | 206-447-1425
Brier Office: 23711 Brier Rd, Brier, WA 98036 | (206) 225-2440
Pullman Office (By Appointment): 130 N Grand Ave #2, Pullman, WA 99163 | (509) 590-0878
Ellensburg Office (By Appointment): 413 North Main Street, Suite F, Ellensburg, WA 98926 | (509) 590-1999
If your family lost someone because of another person’s negligence, call Elsner Law Firm today at 206-447-1425. The consultation is free. The call takes five minutes. And it could change the outcome of your family’s future.
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Areas We Serve in Washington State
